General Terms and Conditions
These General Terms and Conditions (referred to below as GTC) govern all subscription agreements for printed publications between the Subscriber and Grund Genug Verlag und Werbe GmbH, Stadthausbrücke 5, 20355 Hamburg, Germany, managing director Mirko Hewecker, registered at the Hamburg District Court as business number HRB 44263 (referred to below as Grund Genug). In submitting a subscription order, the Subscriber accepts these GTC.
2 Establishment of contract
All offers made by Grund Genug are non-binding. The Subscriber’s request to enter into a subscription agreement for a printed publication is made by submitting a completed online order form and is binding. The subscription agreement does not come into effect, and delivery, receipt and payment do not become legal obligations of either party, until Grund Genug has issued confirmation of the subscription or made the first delivery. Neither party has any prior claim to the establishment of a contract.
3 Processing and delivery
Grund Genug may use the services of third parties for processing (especially for delivering the product) and managing the subscription. Delivery is at the Subscriber’s expense. When an order is placed, delivery of the first issue as indicated during the order process is deemed to have been agreed, provided that the order is received in time (at least 10 days before the issue’s publication date); otherwise, delivery starting with the next available issue is deemed to have been agreed. Grund Genug must be notified of any changes to the delivery address at least seven days before the effective date. Forwarding to a vacation address is possible only by prior agreement with Grund Genug.
4 Subscription rates and payment terms
The current subscription rates as shown on the order page of the website at the time the contract is entered into will apply. All subscription rates include the statutory value-added tax applicable at the time. All subscription rates also include the costs of packaging and delivery to the Subscriber’s home address. Subscriptions are payable in advance at all times. The agreed subscription rate is guaranteed for the agreed subscription term and will not be increased. The Subscriber can choose whether to pay by direct debit or credit card or receive an invoice. The payment method can only be changed upon expiry of the agreed subscription term. The applicable subscription rate is due to be paid, withdrawn from the Subscriber’s bank account or charged to the Subscriber’s credit card upon receipt of invoice or commencement or renewal of subscription. As soon as and so long as the Subscriber is in arrears with payment, Grund Genug has the right to cease or suspend delivery. Grund Genug reserves its legal rights in connection with any arrears. Upon payment of all amounts owing, delivery will resume immediately. Goods remain the property of Grund Genug until the subscription cost has been paid in full.
5 Term and termination
The deadline for termination of the subscription is six weeks before the end of the current subscription term. Written notice is required. The Subscriber is to send notice of termination by letter to Interabo GmbH, Düsternstraße 1, 20355 Hamburg, Germany, or by email to [email protected] / Grund Genug’s address as shown above. Upon expiry of the subscription term, including any agreed minimum term, the subscription will be renewed for the same term as originally agreed (referred to below as the renewal term) unless notice of termination is given before the deadline. Cancellation of the subscription before the end of the agreed term is not permitted.
6 Right of amendment
Grund Genug may amend these GTC with future effect at any time. The Subscriber will be notified of the amended GTC by email on each occasion. Unless the Subscriber objects to the application of these new GTC within four weeks of notification, the Subscriber will be deemed to have accepted the new GTC, which will thus become an integral part of the subscription agreement. The notification sent to the Subscriber will always contain a separate notice drawing attention to the aforementioned time limit for objections. The Subscriber is required to send any objections within the aforementioned four-week time limit to Grund Genug’s address as shown above. Grund Genug also reserves the specific right to increase subscription rates commensurately with increased production and distribution costs, or to adjust rates in line with changing market conditions, at any time and without giving any reasons. The Subscriber will be notified of the new subscription rates by email on each occasion. The notification sent to the Subscriber will always contain a separate notice drawing attention to the aforementioned time limit for objections. The Subscriber may, on account of this notification and within four weeks of its receipt, terminate the subscription agreement in accordance with section 5 of these GTC with effect from the end of the current subscription term. If no notice of termination is given within the four-week time limit, the Subscriber will be deemed to have accepted the new subscription rates, which will take effect as an integral part of the subscription agreement upon commencement of the next renewal term.
Grund Genug is liable for non-delivery, delayed delivery or damage in transit only in cases of wilful intent or gross negligence. Grund Genug’s liability for losses incurred by the Subscriber owing to wilful intent or gross negligence on the part of Grund Genug, and for personal injuries and losses under the terms of the German Product Liability Act, is unlimited in accordance with statutory requirements. This also applies to any losses attributable to the agents of Grund Genug. Additionally, Grund Genug is liable for losses caused by minor negligence only in so far as these are attributable to breaches of essential contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations whose fulfilment facilitates proper performance of the contract. The contracting parties should be able to take compliance with cardinal obligations for granted. Grund Genug’s liability for minor negligence under this provision is limited to losses that could typically be foreseen. The foregoing provisions in favour of Grund Genug’s employees, representatives and agents likewise limit any obligation to pay compensation for expenditure incurred to no avail. In the event of force majeure, production stoppages, strikes, lockouts or similar disruptions, including disruptions to delivery, the Subscriber has no entitlement to delivery or a pro-rata refund of the subscription cost.
8 Final provisions
These GTC and the relationship between Grund Genug and the Subscriber are to be governed exclusively by German law. Any supplementary agreements and contractual amendments must be made in writing. In transactions with registered business owners, legal entities under public law and funds constituted under public law, the place of jurisdiction in the event of any dispute is to be Grund Genug’s head office. Except where Grund Genug asserts its claims by obtaining a payment order, the place of jurisdiction for consumer transactions is to be the consumer’s place of residence.